NM Judges Training

Duty of Care & Intent or Negligence

Duty of Care
A tort can occur when, under the law, one person owes another a duty of care but fails to fulfill that duty. Every person owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property.

Intent or Negligence
A defendant may be found liable to a plaintiff for committing a tort if the action was (a) intentional, as in the case of a crime; or (b) unintentional but negligent, because the defendant did not fulfill his duty of care to the plaintiff.

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Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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